8/13/2014

KALYAN SIR: PANCHAYATI RAJ

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PANCHAYATI RAJ
KALYANSIR.COM

Article 40: The state shall take steps to organize village panchayats and endow them
with such powers and authority as may be necessary to enable them to function as units of
self-government.
The Panchayati Raj is the Rural Local Self Government.

Local Government is mentioned in the State list of 7th schedule of the Indian
Constitution.

The Panchayati Raj was not a part of the original Constitution.

The Panchayati Raj was made a constitutional body through the 73rd amendment Act of
1992.

BEFORE PANCHAYATI RAJ:

The government has launched Community Development Programme (CDP) in the year
1952.
The government has launched National Extension Service (NES) in the year 1953.

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BACK GROUND:

In the year 1957 the Government of India appointed Balwant Rai Mehta Committee (B R
Mehta Committee).
The B R Mehta Committee was appointed to look into the functioning of CDP and NES
The B R Mehta Committee submitted the report in November 1957.

The Committee recommended the establishment of the scheme of Democratic

Decentralization which is also known as Panchayati Raj.

The recommendations were accepted by the National Development Council in January

1958.
Rajasthan was the first state to establish the Panchayati Raj in India on October 2, 1959.

B R MEHTA COMMITTEE RECOMMENDATION:

B R Mehta Committee recommended for the establishment of 3-tier structure Panchayati
Raj system.

Gram (village) Panchayat

Village Level

Panchayati Samiti

Block Level

Zilla Parishad

District Level

The Village Panchayat should be constituted with directly elected representatives.

The Panchayat Samiti should be constituted with indirectly elected members.
The Zilla Paridhad also to be constituted with indirectly elected members.

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All the planning and development activities should be entrusted to the panchayati raj
bodies.
The Panchayati Samiti should be the executive body.
The Zilla parishad should be the advisory, coordinating and supervisory body.
The District Collector should be the Chairman of the Zilla Parishad.
There should be a genuine transfer of powers and responsibility to these democratic
bodies.
These bodies should be transferred with adequate resources.
A system should be evolved for the further devolution of authority in future.
The National Development Council (NDC) accepted the recommendations in January,
1958.
The NDC said that the basic principles should be identical throughout the country.

WHICH IS THE FIRST STATE TO ESTABLISH

PANCHAYATI RAJ?

The scheme of Panchayat Raj was first established in

Rajasthan and inaugurated on October 2, 1959 by then
Prime Minister Jawaharlal Nehru.

Rajasthan was followed Andhra Pradesh and other states.

There were many differences among the states in the structure and function of the
panchayati Raj.
The states like Rajasthan and Andhra Pradesh adopted 3 tier systems.
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West Bengal adopted 4 tier system.

Tamil Nadu adopted the 2 tier system.
ASHOK MEHTA COMMITTEE:

In December 1977

(Janata Party Government) the Prime Minister Morarji Desai

appointed a committee on Panchayati Raj institutions.

Ashok Mehta was the chairman of the committee.
The Ashok Mehta Committee submitted the report in August 1978.

To strengthen the Panchayati Raj system the Ashok Mehta Committee made 132
recommendations.

The Committee recommended for the adoption of 2 tier structure.

Zilla Parishad

District Level

Mandal Panchayat

Mandal Level

Mandal Panchayat is a group of villages with a population of 15,000 to 20,000.

The Zilla Parishad at the district level should be the executive body.
The Zilla Parishad must be made responsible for planning at the district level.
There should be an official level participation of political parties at all levels of Panchayat
elections.
The Panchayati Raj must have compulsory powers of taxation to mobilize their own
financial resources.
There should be a regular social audit by a district level agency and by a committee of
legislatures to check whether the funds allotted for the vulnerable social and economic
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groups are actually spent on them or not.

The State governments should not supersede the Panchayati Raj Institutions.
In case of super session elections should be held within 6 months.
The Nyaya Panchayats should be presided over by a qualified judge.
The Nyaya Panchayat should be kept as a separate body.
The chief electoral officer in consultation with the chief election commissioner should
conduct elections of the Panchayat Raj.
A Minister for panchayat Raj should be appointed.
Seats for Scheduled caste and scheduled tribes should be reserved on the basis of their
population.

NOTE: No action was taken on the recommendations of the

Ashok Mehta Committee report as the Janata Party government
stepped down before the term due political turmoil.

GVK RAO COMMITTEE:

In the year 1985 the Planning Commission appointed a committee on Administrative
Arrangement for Rural Development and Poverty Alleviation Programme.
According to the G V K Rao committee the phenomenon of bureaucratization weakened
the Panchayati Raj institutions.
The committee recommended for the revitalization of the entire Panchayati Raj system.

L M SINGHVI COMMITTEE:

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In the year 1986 then Prime Minister Rajiv Gandhi appointed a committee on
Revitalization of Panchayati Raj Institutions for Democracy and Development.

The L M Singhvi committee recommended that the Panchayati Raj institutions should be
constitutionally recognized, protected and preserved.
The committee recommended that a new chapter should be added to the Constitution for
the same purpose.
The L M Singhvi Committee also suggested for the constitutional provisions to ensure
regular, free and fair elections to the Panchayati Raj bodies.

*****
After the recommendations of the above committees, then Prime Minister Rajiv Gandhi
made an attempt to provide the constitutional status to the PRIs (Panchayati Raj bodies).
In July 1989, the Rajiv Gandhi Government introduced 64th Constitutional amendment
bill.
The 64th amendment bill was introduced in the Lok sabha:
NOTE: A constitutional amendment bill can be introduced either in the Lok Sabha or in
the Rajya Sabha.
This amendment is meant for providing the constitutional status to the Panchayati Raj
institutions.
The Lok sabha passed the bill in August 1989.
NOTE: An amendment bill must be passes with the special majority.
The bill was opposed in the Rajya Sabha on the grounds that it sought to strengthen
centralization in the federal system.
The bill was not passed in the Rajya Sabha.
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The 64th amendment bill was lapsed.

NOTE: A constitutional amendment bill must be passed in both the houses of the
Parliament separately with a special majority.
ALSO NOTE: There is no provision of Joint sitting in case of disagreement on a
Constitutional amendment bill.

*****
In the year 1989 National Front government was formed at the Central level.
V. P. Singh was appointed as the Prime Minister of India.
In the month of November 1989, the then Prime Minister V P Singh announced that the
steps to strengthen the Panchayati Raj would be taken.
In September 1990 a constitutional amendment bill was introduced in the Lok Sabha.
But the government collapsed and there was an inevitable midterm election for the Lok
Sabha in the year 1991.
NOTE: If the Lok Sabha is dissolved all the bills that are pending in the Lok Sabha are
lapsed.
This led to lapse of the bill.
*****
After the elections of 1991 P V Narasimha Rao became the Prime Minister of India.
NOTE: During the election campaign on May 21, 1991 Rajiv Gandhi was assassinated.

The Congress government (P V Narasimha Rao) considered the matter of

constitutionality for the panchayati Raj institutions.

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The controversial aspects were removed from the bill.

The bill was introduced in the form of 73rd constitutional amendment bill.
The 73rd constitutional amendment bill was introduced in the Lok Sabha in 1991.
The bill was passed by the Lok Sabha on December 22, 1992.
The bill was passed by the Rajya Sabha on December 23, 1992.
The bill was approved by the 17 state assemblies.
NOTE: A constitutional amendment bill related to the federal powers must get the
consent of at least half the state with simple majority.
The President gave his assent (President (Shankar Dayal Sharma) on April 20, 1993.
This became the 73rd Constitution amendment Act, 1992.
SALIENT FEATURES OF THE 73RD AMENDMENT ACT 1992

This act added Part-IX to the Constitution.

This act also added new article from 243A to 243O (English alphabet O).
Note: This means 243A, 243B, 243C 243O.
The 73rd amendment act also added 11th schedule to the Constitution of India.

NOTE:
THE
ORIGINAL
CONSTITUTION
CONTAINS ONLY 8 SCHEDULES.

9th schedule was added through the 1st amendment in

the year 1951.
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9th schedule is related to the land reforms.

10th schedule is added in the year 1985 through the 52nd
amendment.
10th schedule is related to the Anti-Defection law.

The 11th schedule contains 29 subjects.

PLEASE REMEMBER: 7th schedule is different from 11th schedule. 7th schedule
consists of 3 lists Union, State and concurrent lists.

The state governments are under the constitutional obligation to adopt the new
Panchayati Raj system.

The compulsory provisions of the act have to be included in the state laws creating the
new Panchayati Raj system.
The voluntary provisions may be included at the discretion of the states.

GRAM SABHA:

All the adult members are in the village is the Gram Sabha.
This means that all the persons registered in the electoral rolls of a village is the Gram
Sabha.
This is a village assembly consisting of all the registered voters in a Village Panchayat.
The Gram Sabha functions are determined by the state legislature.
ESTABLISHMENT OF 3-TIER STRUCTURE:
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The act provides for the establishment of a 3-tier panchayati Raj structure at the state
level to bring the uniformity throughout the country.

Village Level

Mandal Level (intermediate) -

Mandal Panchayat

Zilla Parishad

District Level

Village Panchayat

But, a state with a population not exceeding 20 Lakh may not constitute Mandal
Panchayat.
Note: It means the states with a population less than 20 lakh may constitute only Village
Panchayat and Zill Parishad.
ELECTIONS:
All the members of the Panchayats at all levels

Village

Mandal

District

Shall be elected directly by the people.

The manner and procedure of election Chair person at the village level (Sarpanch or
President) is determined by the state legislature.
The chair persons of Mandal Panchyat (Madal President) and Zill Parishad (Chairman)
shall be elected indirectly from amongst the elected members.

A District (Zilla) is divided into number of ZPTCs (Zilla Parishad Territorial

Constituencies).

A ZPTC member is directly elected by the people.

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The directly elected ZPTC members from amongst them elect the chairman of Zilla
Parishad.

Similarly each Mandal is divided into MPTCs (Mandal Parishad Territorial

Constituencies).

An MPTC is elected directly by the people.

The President of Mandal is elected by the MPTCs from amongst themselves.
Hence, except the ZP chairman and the Mandal President all the members in the
Panchayats are elected directly.

RESERVATION OF SEATS:

Article 243 D provides the reservation of seats for SCs and STs.
The Scheduled Caste and Scheduled Tribes are provided with the reservation of seats at
all the three levels in proportion to their population.
The state legislature shall provide for the reservation of offices of the Chairpersons in the
Village panchayat or any other level for SCs and STs.
The women are provided with the reservation at all the three levels.
Not less than the 1/3rd of the total number of seats shall be reserved for women.
Note: 110th amendment bill that is meant for increasing the reservation for women from
1/3rd to at all levels is still pending in the Parliament (As on January 15, 2104)
This includes seats reserved for women belonging to SCs and STs).
Not less than 1/3rd of the total number of offices of chairpersons in the panchayats at
each level shall be reserved for women.
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The state legislatures may make any provision for reservation of seats in any panchayat
or offices of chairpersons in the Panchayat at any level in favour of backward classes.
TERM OF PANCHAYATS:
The term of office is 5 years.
The office can be dissolved earlier before the completion of the term in accordance with
the procedure prescribed by state law.
In case of dissolution election should be conducted before the expiry of the 6 months
from the date of dissolution.
A Panchayat that is reconstituted after premature dissolution shall continue only for the
remainder of the period.
Fresh election to the panchayats can be conducted before the expiry of the term of 5
years.
QUALIFICATIONS:
Article 243 F provides that all persons who are qualified to be chosen to the state
legislature shall be qualified to be chosen as a member of a panchayat.
A person who attained the age of 21 years is eligible to contest in the Panchayat
elections.
NOTE: In case of state assembly it is 25 years.
DISQUALIFICATIONS:
If a person is disqualified under any law for the time being in force for the purpose of
elections to the legislature of the state concerned.
If a person is disqualified under any law made by the state legislature.
No person can be disqualified on the grounds that he is less than 25 years of age if he has
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attained the age of 21 years.

All questions of disqualifications shall be referred to such authority as the state legislature
determines.
POWERS, AUTHORITY AND RESPONSIBILITIES OF PANCHAYATS:

ARTCILE 243G-243H: The State legislatures confer on the panchayats such powers and
authority as may be necessary to enable them to function as institutions of self
government.
The panchayats may be entrusted with the responsibilities of
Preparing plans for economic development and social justice
Implementation of schemes for economic development and social justice.
With regard to the subjects that are mentioned in the 11th schedule of the Indian
Constitution. (29 items).
Thus the 11th schedule distributes powers between the state legislature and panchayats.

NOTE: the 7th schedule distributes the powers between the Union and the State
legislatures.

POWERS OF
RESOURCES:

PANCHAYATS

TO

IMPOSE

TAXES

AND

FINANCIAL

State legislature may authorize the panchayats to levy, collect and appropriate taxes,
duties, tolls etc.
The state legislature can also assign to a panchayat various taxes, duties etc collected by
the state government.

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From the Consolidated Fund of the State Grants-in-aid may be given to the Panchayats.

STATE FINANCE COMMISSION:

NOTE: This is just like the Central Finance Commission.
The State Finance Commission is constituted by the Governor every 5 years.
The state finance commission recommends about the division of net proceeds of taxes,
duties, tolls and fees leviable by the state may be divided between the state government
and the Panchayats and how allocation would be made among various levels of
Panchayats.
The State Finance Commission also recommends about the grants-in-aid to be given to
the panchayats.
The State finance Commission submits the report along with the memorandum of action
taken on it to the Governor.
The report of the Finance Commission along with a memorandum of action taken on it is
laid before the state legislature by the Governor.

AUDITING OF PANCHAYAT ACCOUNTS:

The provisions are made by the state legislature with respect to the
maintenance of accounts by the panchayats and the auditing of
such accounts.

STATE ELECTION COMMISSION:

Article 243K provides for the constitution of a state Election Commission.

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The State Election Commissioner is appointed by the Governor.

The State Election Commission is vested with the responsibilities of

Superintendence

Direction

Control of elections to the panchayats

Preparation of electoral rolls

The State Election Commissioner can be removed in the same manner and on the same
grounds as a judge of a High Court.
The State Legislature has the power to legislate on all matters relating to elections to
panchayats.
An election to a panchayat can be called in question only by an election petition which
should be presented to such authority and in such manner as may be prescribed by or
under any law made by the state legislature.
MISCELLANEOUS:
The President may direct the provisions of this act shall apply to any Union Territory
subject to such exceptions and modifications as he specifies.

The 73rd amendment act is not applicable to the states of Jammu and Kashmir,
Meghalaya, Mizoram, Nagaland etc.

The act is also not applicable to Scheduled areas and tribal areas.
Note: Tribal areas are the autonomous districts.

SUBJECTS IN THE 11TH SCHEDULE OF THE INDIAN CONSTITUTION:

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The 11th schedule contains 29 subjects.

Agriculture, including agricultural extension.

Land improvement, implementation of land reforms, land consolidation and soil
conservation.

Minor irrigation, water management and watershed development.

Animal husbandry, dairying and poultry.

Fisheries

Social forestry and farm forestry

Minor forest produce

Small Scale industries, including food processing industries

Rural housing

Drinking water

Fuel and fodder

Roads, culverts, bridges, ferries, water ways, and other means of communication

Rural electrification, including distribution of electricity

Non conventional energy sources

Poverty alleviation programme

Education, including primary and secondary schools

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Technical training and vocational education

Adult and non-formal education

Libraries

Cultural activities

Markets and fairs

Health and sanitation including hospitals, primary health centers and

dispensaries

Family welfare

Women and child development

Social welfare, including the welfare of the handicapped and mentally retarded

Welfare of the weaker sections and in particular of the scheduled castes and the
scheduled tribes

Public distribution system

Maintenance of community assets

MISCELLANEOUS:
Maharashtra is the 1st state in the country to provide 33 percent reservation to women in
the local bodies in the early 1990s. (during the Chief Ministership of Sharad Pawar ).
Bihar is the first state to provide 50 percent reservation for women in the local bodies.

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1 Comment

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raji

5 months ago

sir, under reservation of seats, 110th amendment bill it should have been as on jan 15,2014 instead of jan 15, 2104... people can
still understand it, but i thought its my responsibility to bring it to your notice... apart from that you have done an extremely
good job sir, a million thanks for creating this site...
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